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The National Health Service Superannuation Scheme (Scotland) Regulations 2011

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Member’s right to transfer accrued rights to benefits to this Section of the scheme

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N1.—(1) Within 12 months after joining this Section of the scheme, a member in pensionable employment may, in writing, request the Scottish Ministers to accept a transfer payment in respect of the member’s rights under another occupational pension scheme, a personal pension scheme, or a buy-out policy but not in respect of rights under a free-standing AVC scheme—

(a)established on, or after, 6th April 2006 as a registered free-standing AVC scheme for the purposes of the 2004 Act; or

(b)which on 6th April 2006 became a registered free-standing AVC scheme for the purposes of the 2004 Act and which immediately before that date was approved by the Commissioners for Her Majesty’s Revenue and Customs by virtue of section 591(2)(h) of the Taxes Act (free-standing AVC schemes).

(2) The Scottish Ministers must not accept the transfer payment unless—

(a)the transferring scheme or insurance company provides all the information about the member’s rights that the Scottish Ministers reasonably require; and

(b)the amount of the transfer payment that relates to rights accrued in the transferring scheme before 6th April 1997 is not less than the yearly rate of the guaranteed minimum pension for which the Scottish Ministers would be liable as a result of accepting the transfer payment, multiplied by the factor appropriate to the member’s age, as set out in the following table:—

Member’s age

Appropriate factor

29 or under8
30-399
40-4910
50 or over12

(3) Except in the case of a person to whom regulation B6 applies, the Scottish Ministers must not accept a transfer payment if—

(a)except where paragraph (4) applies, the member joins this Section of the scheme, or requests the Scottish Ministers to accept the transfer payment, after reaching age 60; or

(b)the request is made following a notice given under regulation B5 (rejoining this Section of the scheme) in circumstances where the member had a previous opportunity to request the Scottish Ministers to accept a transfer payment in respect of those same rights but did not take that opportunity.

(4) This paragraph applies where the member’s employment is transferred to an employing authority as a result of a transfer of an undertaking to that employing authority.

(5) If the Scottish Ministers accept the transfer payment, the member will be credited with an additional period of service under this Section of the scheme in respect of the transfer payment, as described in whichever of regulations N3 (transfers made under the Public Sector Transfer Arrangements), N4 (transfers that are not made under the Public Sector Transfer Arrangements) and N5 (transfers in respect of members to whom regulation B6 applies who elect to rejoin this Section of the scheme) is applicable.

(6) For the purposes of calculating a member’s final year’s pensionable pay any period of service with which a member is credited in respect of a transfer payment will be treated as pensionable employment and the pensionable pay by reference to which that service is calculated will be treated as pensionable pay received in respect of that employment.

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